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Case Law Details

Case Name : Carbon Resources (P) Ltd. Vs State of Bihar & Ors (Patna High Court)
Appeal Number : Civil Writ Jurisdiction Case No. 2412 of 2023
Date of Judgement/Order : 22/02/2023
Related Assessment Year :
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Carbon Resources (P) Ltd. Vs State of Bihar & Ors (Patna High Court)

HC observed that if the petitioner deposits 20 per cent of the remaining tax within one week, recovery of the balance amount shall remain stayed.

Mr. S.D. Sanjay, learned Senior Counsel has submitted that the interest on disputed tax does not come within the expression “remaining tax” for the purposes of sub-section (8) of Section 112 of the Act.

For the present, we are not satisfied with the said submission and we are of the view that component of interest should be part of the remaining tax. This question, however, the Court will address later, after a counter affidavit is filed on behalf of the State, which must be done within a week from today.

FULL TEXT OF THE JUDGMENT/ORDER OF PATNA HIGH COURT

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